Over the past two decades, beliefs, attitudes, and laws in the United
States have grown more tolerant toward the use of marijuana—medical or
otherwise. Between 2001 and 2013, the number of adults using marijuana has
doubled.

On the clinical front, medical marijuana has become an increasingly popular
choice for treatment of symptoms of a wide variety of debilitating medical
conditions, including cancer, HIV/AIDS, Alzheimer’s disease, posttraumatic
stress disorder, and epilepsy. Since the passage of Proposition 215 in
California in 1996, 23 other states have established medical marijuana
programs, including Ohio (See Figure 1), and 17 states have enacted laws
permitting the limited use of cannabidiol (“CBD”) oils2 for the treatment of
specific diseases. As a result, State Medical and Osteopathic Boards in nearly
half of the nation are now required to regulate physicians who recommend
marijuana-based treatment options to their patients. Crafting such rules is a
balancing act with very high stakes. States can learn from one another to
permit the use of medical marijuana while protecting patients and public
safety.

To that effect, J. Daniel Gifford, the chair of the Federation of State Medical
Boards, designated the Workgroup of Marijuana and Medical Regulation (the
“Workgroup”). The Workgroup evaluated current medical and osteopathic rules and
regulations dealing with marijuana and drafted nine model guidelines (the
“Guidelines”) to assist State Medical Boards in regulating physicians who are
licensed to recommend marijuana treatment options such as marijuana or
marijuana-infused products to patients. The following summarized Guidelines
were not created to encourage marijuana treatment, rather, they intend to
provide guidance to physicians and State Medical Boards consistent with
accepted professional and ethical standards of practice. In light of the
paucity of data regarding the safety and effectiveness of marijuana, the
Workgroup urged providers and state regulators to continue to monitor the usage
and adverse effects of marijuana. Thus,
the Workgroup cautioned that, under federal law, marijuana in all its forms is
still a Schedule I substance—making it illegal for recreational and medical
use. Marijuana has not been evaluated by the U.S. Food and Drug Administration
and possessing, distributing, or aiding someone to possess or distribute
marijuana is still a violation of federal law. Physicians, therefore, cannot
prescribe medical marijuana or cannabidiol oils—they can only recommend their use in certain states under
certain circumstances.

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

CONSUMER WEBSITES

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by the use of this site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.